The Basics of a Lease Release Agreement
What is a Lease Release Agreement?
A release of lease agreement, or termination of lease, is a legally binding agreement to end a landlord/tenant relationship and extinguish any remaining legal obligations between the parties under their underlying lease agreement. By signing and delivering a release of any remaining lease obligations, a party will effectively free itself from liability under the expired or terminated lease agreement.
A lease agreement, as the name suggests, is an agreement to lease or rent property. The signing of a lease agreement obligates the parties to perform certain functions as dictated by the terms of the lease. For example, the tenant will be required to pay a set amount of money as rent for a specified period of time in exchange for the right to use and occupy the leased property. A landlord will be required under the lease agreement to allow the tenant to use and occupy the property for the set term without harassment or unlawful interruption.
In effect, the release of lease agreement is a mutual agreement to end the legal obligation of the parties reflected in the underlying lease agreement. Importantly , unless state law or the underlying lease agreement contain specific language that prohibits such a release, one party can effectively terminate the lease with a simple reservation of rights provision. Simply put, upon signing and delivery of an agreement to release any remaining lease obligations, a party will effectively free itself from liability under the expired or terminated lease agreement. A landlord/tenant relationship exists only for as long as permitted under the terms of the underlying lease agreement, and once those terms are fulfilled, the resulting relationship ceases to exist. This is the case even where the parties do not formalize a release of their remaining lease obligations.
A release of lease agreement will typically include the following elements:
Simply stated, a release agreement serves the purpose of terminating any remaining obligations of the parties under the terms of the expired lease agreement. In effect, a release agreement is an agreement to end the landlord/tenant relationship.